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[Senate Report 109-153]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 245
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-153

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         DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY ACT

                                _______
                                

                October 19, 2005.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1627]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1627) to authorize the Secretary of the 
Interior to conduct a special resources study to evaluate 
resources along the coastal region of the State of Delaware and 
to determine the suitability and feasibility of establishing a 
unit of the National Park System in Delaware, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         PURPOSE OF THE MEASURE

    The purpose of S. 1627 is to authorize the Secretary of the 
Interior to conduct a special resources study to evaluate 
resources along the coastal region of the State of Delaware and 
to determine the suitability of establishing a unit of the 
National Park System in Delaware.

                          BACKGROUND AND NEED

    The coastal zone of Delaware plays an important role in the 
history, culture and economy of the State. The shoreline 
extends for approximately 260 miles and no part of the State is 
more than 8 miles from tidal waters. The Atlantic coastline 
consists of a series of barrier beaches and dunes from Cape 
Henlopen to Fenwick Island. The coastal resources of Delaware 
are an integral part of the State's aesthetics and economy. 
Over 24 miles of sandy beaches, including 12 miles within State 
parks, and a diverse array of wildlife, including 45 
terrestrial, over 280 marine, and over 200 avian species, are a 
part of the State's coastal zone.
    The study is to include consideration of Fort Christina. 
Located in present day Wilmington, Fort Christina was the first 
permanent settlement in the Delaware Valley. Fort Christina 
commemorates the colony of New Sweden when Peter Minuit's 
expedition landed from the Swedish ships Kalmar Nyckel and 
Fogel Grip about March 29, 1638.
    More than 5 million people visit this area each year. The 
development pressure is intense, putting additional stress on 
the coastal environment. Authorization of a study is the first 
step toward determining appropriate protection strategies for 
this area.

                          LEGISLATIVE HISTORY

    S. 1627 was introduced by Senators Carper and Biden on 
September 7, 2005. Similar legislation, S. 2899, was introduced 
by Senators Carper and Biden in the 108th Congress.
    The Subcommittee on National Parks held a hearing on S. 
1627 on September 22, 2005. At its business meeting on 
September 28, 2005 the Committee on Energy and Natural 
Resources ordered S. 1627 favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on September 28, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1627 as 
described herein.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Delaware National Coastal 
Special Resources Study Act.''
    Section 2(a) directs the Secretary of the Interior 
(Secretary) to conduct a special resources study of the coastal 
region of the State of Delaware for possible inclusion in the 
National Park System.
    Subsection (b) provides for inclusion in the study one or 
more sites, including Fort Christina.
    Subsection (c) directs the Secretary to consult with the 
State of Delaware, coastal region communities and the general 
public in preparing and conducting the study.
    Section 3 directs the Secretary to include 7 themes as part 
of the study: history of indigenous people; colonization and 
establishment of the frontier; founding of the Nation; 
transportation; coastal defense; the Underground Railroad; and 
the coastal environment.
    Section 4 states that the Secretary shall provide a report 
to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives 
containing the findings of the study not later than one year 
after funds are made available.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1627--Delaware National Coastal Special Resources Study Act

    S. 1627 would direct the Secretary of the Interior to 
conduct a special resource study of sites in the coastal region 
of Delaware to determine their national significance and to 
evaluate the suitability and feasibility of including them in 
the National Park System. CBO estimates that carrying out the 
proposed study would cost about $150,000 over the next year, 
assuming the availability of appropriated funds. Enacting S. 
1627 would not affect direct spending or revenues.
    S. 1627 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1627. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1627, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration on S. 1627 were included in 
testimony received by the Committee at a hearing on the bill on 
September 22, 2005 as follows:

  Statement of Janet Snyder Matthews, Associate Director for Cultural 
      Resources, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to provide the 
Department of the Interior's views on S. 1627, a bill to 
authorize the Secretary of the Interior to conduct a Special 
Resources Study along the coastal region of the State of 
Delaware. The Department supports enactment of the legislation 
with one amendment regarding the time period provided for the 
study.
    While the Department supports the authorization of this 
study, it is important that future funding requests go towards 
completing previously authorized studies. There are currently 
25 studies in progress, and we hope to complete and transmit 6 
to Congress by the end of 2005. Therefore, the Department will 
focus the funding provided towards completing these studies.
    The coastal region of the state of Delaware has a long and 
distinguished history of Native American occupation, colonial 
settlement and contributions to this nation's heritage. The 
region was populated by the Lenni Lenape and Nanticoke tribes 
before the period of European discovery. Early explorations of 
Delaware's coastline were made by the Spaniards and Portuguese 
in the sixteenth century, by Henry Hudson in 1609 under the 
auspices of the Dutch, by Samuel Argall in 1610, by Cornelius 
May in 1613, and by Cornelius Hendricksen in 1614. During a 
storm, Argall was blown off course and sailed into a strange 
bay, which he named in honor of his governor--Lord De La Warr.
    In 1631, 11 years after the landing of the English pilgrims 
at Plymouth, Massachusetts, the first white settlement was 
established by the Dutch. This was followed in 1638 by the 
first Swedish settlement at ``The Rocks'' on the Christina 
River, where a fort was built called ``Fort Christina'' after 
the young queen of Sweden. Fort Christina in Wilmington, with a 
monument created by the noted sculptor Carl Milles and 
presented by the people of Sweden, perpetuates the memory of 
these first settlers and preserves ``The Rocks'' where they 
first landed.
    In the autumn of 1655, Peter Stuyvesant came from New 
Amsterdam with a Dutch fleet, subjugated the Swedish 
settlements, and established the authority of the Colony of New 
Netherlands throughout the area. The Dutch were eventually 
replaced by the English. In 1776 at the time of the Declaration 
of Independence, Delaware not only declared itself free from 
the British Empire, but also established a state government 
entirely separate from Pennsylvania. The State became the first 
to ratify the United States Constitution on December 7, 1787.
    The importance of the Delaware Bay and River to coastal 
defense during the American Revolution, the War of 1812 and the 
Civil War was marked by the establishment of fortifications to 
thwart enemy ships from traversing the Delaware River to 
Philadelphia. Many of these resources remain to remind current 
generations of past struggles for independence, early 
nationhood, and preservation of the Union. Delaware became an 
important component of the Underground Railroad prior to the 
elimination of slavery during the Civil War. The Delaware River 
was and remains an important transportation link connecting 
Delaware and portions of Pennsylvania and New Jersey to world 
markets.
    The coastal region of Delaware also contains important 
natural resources adjacent to and including Delaware Bay and 
the Delaware River. It provides resource-based recreational 
opportunities for fishing, boating, swimming and crabbing. 
Delaware Bay is a major staging area for shorebird migration 
with truly spectacular numbers visible during the peak of 
migration. The region is replete with state parks and wildlife 
areas that protect resources and provide important 
opportunities for the public to appreciate and enjoy Delaware's 
natural treasures.
    The region also has played an important role in industry, 
including the exploitation of water power. The outbreak of the 
Civil War, for example, found Wilmington with a strong 
industrial base, which responded to meet the great demands of 
waging war. Wilmington products included ships, railroad cars, 
gunpowder, shoes, tents, uniforms, blankets and other war-
related goods. By 1868, Wilmington was producing more iron 
ships than the rest of the country combined and it rated first 
in the production of gunpowder and second in carriages and 
leather. Industries thrived along the Delaware, especially the 
chemicals and materials company that was founded by the Dupont 
family in the 19th century and continues to be one of the 
largest chemical-related companies in the world.
    The Department suggests one amendment to S. 1627. Section 4 
of the bill requires that a report on findings, conclusions and 
recommendations of the study be submitted to the Senate and 
House authorizing committees no later than one year after funds 
are made available to carry out the Act. We believe it more 
feasible to provide that this occur no later than three years 
after funds are made available based on the number of Special 
Resource Studies currently being conducted by the Department.
    If this study is authorized, the Department expects to 
coordinate this study with the recently authorized Captain John 
Smith Chesapeake National Historic Watertrail study, which will 
be evaluating resources along the Chesapeake Bay and its 
tributaries including portions in the State of Delaware.
    Mr. Chairman, that concludes my testimony. I will be 
pleased to answer any questions from members of the Committee.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1627, as 
ordered reported.

                                  
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